Hitesh Kumar Sarma, J. -
(1.) These 2 (two) appeals are proposed to be disposed of by this common judgment since they have arisen out of the same judgment passed by the learned Special Judge, CBI, Assam in Special Case No. 25/2006, convicting and sentencing the present accused-appellants of both the appeals to undergo Rigorous Imprisonment for 3 (three) years with a fine of Rs. 10,000/- with a default clause under Sections 468/120(B) of the IPC, Rigorous Imprisonment for 1 (one) year under Sections 471//465/120(B) of the IPC, Rigorous Imprisonment for 3 (three) years with a fine of Rs. 10,000/- with a default clause under Sections 420/120(B) of the IPC, Rigorous Imprisonment for 3 (three) years with a fine of Rs. 10,000/- with a default clause under Section 120(B) of the IPC. The accused-appellant, Kameshwar Boro in Criminal Appeal No. 166/2009 has been further sentenced to Rigorous Imprisonment for 3 (three) years with a fine of Rs. 20,000/- with a default clause under Sections 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act). The sentences are ordered to run concurrently.
(2.) Heard Mr. B Prasad, learned Amicus Curiae, appearing for the accusedappellant in Criminal Appeal No. 154/2009 as well as in Criminal Appeal No. 166/2009. Also heard Mr. D Talukdar, learned counsel for the accused-appellant in Criminal Appeal No. 166/2009 as well as Mr. SC Keyal, learned Standing Counsel, CBI.
(3.) The case for the prosecution, briefly stated, is that on 26.12.2003, Sri Dhrubananda Das, the Senior Devisional Manager, LICI, Guwahati Division lodged a complaint before the DIG, CBI, Guwahati on the following facts.
One Phatik Thakuria of village Mirza assured his life with the LICI, Mirza Branch and two policies, being No. 480657491 and No. 481351283, were issued in his favour by the said Branch. His wife, Bina Thakuria was the nominee for both the aforesaid policies. Both these policies were settled as death claims during the lifetime of the holder of the policies, Sri Phatik Thakuria, and the payments amounting to Rs. 175583.00 were released by the Mirza Branch of the LICI through the bank account opened in the name of the aforesaid Bina Thakuria at the Central Bank of India, Mirza Branch. But, the amount so released was not, in fact, received by the nominee, Bina Thakuria. The account in her name, in the aforesaid Central Bank, affixing the photograph of Bijuli Thakuria, wife of accused-appellant, Dwijen Thakuria was opened. The accusedappellant, Dwijen Thakuria is an Agent of the LICI, Mirza Branch.
Another policy being No. 481669989 stood in the name of one Tarani Kakati of village Majirgaon, Mirza. His wife Smt. Rina Kakati was the nominee in the said policy. This policy was also settled as a death claim and payment of Rs. 99220/- was made by the LICI, Mirza Branch by a cheque on 28.03.2001 which was encashed through the Account No. 9899 in the said Central Bank in the name of said Rina Kakati. But, in fact, this Rina Kakati did not receive the payment. There was an allegation that there was a nexus between the Government officials, Doctors and officials of LICI, Mirza Branch and one Sri Biswajit Das, the Development Officer of the LICI, Mirza, who has taken initiative for the settlement of the policies aforesaid was also involved.;